Teen parents fighting over whether their shaken baby daughter should be removed from life support have taken their case to Ohio's courts and exposed a potential loophole in state law. The baby's father is accused of abuse and wants to keep his child on support.
Six-month-old Jada Ruiz has been on life support at Akron's Children Hospital since early March when police officers, responding to a 911 call, found the baby unresponsive and not breathing in the arms of her 17-year-old father John Jones.
Doctors diagnosed Jada with broken bones, detached retinas and brain damage consistent with shaken baby syndrome, child services authorities said. The doctors said the little girl has little hope for life beyond the tubes and machines currently sustaining her, according to lawyers for both parents.
Police records confirm the severity of Jada's injuries, noting "her recovery is unlikely." Her twin, Jasmine, also was found with severe, but non-life threatening injuries.
Jada's mother, 18-year-old Deja Ruiz, wants her daughter removed from life support. But Jones, who was charged with assault and child endagerment in the case and who could face murder charges if Jada dies, quickly filed court papers to keep his daughter on life support.
The case is now in Summit County Probate Court where it has morphed into a series of complicated legal battles over who has the right to make such a decision, which court has jurisdiction over the case and who should have custody over Jada and the couple's other two children, Jada's twin sister and a 2-year-old boy.
Ruiz, who has not been charged in Jada's assault, spends most of her days at the hospital with her daughter. She is also working toward regaining custody of her other two children, who were removed by authorities after Jones' 911 call.
"She's having a hard time dealing with it," Ruiz's attorney Mary Ellen Leslie said, adding that Ruiz believes Jada "is already in the hands of God."
"She doesn't want to see that baby laying in bed, day after day after day," Leslie said.
Jones, who was enrolled in public school and is now being held in a juvenile detention center, is angry, depressed and frustrated, his lawyer Pam Hawkins said. Jones denies he caused the twins' injuries, but Hawkins declined to offer another explanation of the girls' injuries.
According to the police report, Jones was at Ruiz's home while she was at school. He told police, according to the report, that he found Jada limp and unresponsive when he went to change her diaper. He also told police that the girls were born four months premature and have a history of respiratory problems.
Akron Police Lt. Rick Edwards said the department is still investigating the abuse of the children.
Some have questioned Jones' motive questions for keeping his daughter alive.
"I would question his suitability as a parent to make a decision based up on the charges," Leslie said.
Hawkins said the possibility of murder charges did not play a role in Jones decision. She said the teen is planning to file paperwork soon to challenge Ruiz for custody.
"He made this decision before he was ever arrested," she said. "He has wanted her to get all the treatment she can to have the best chance for recovery."
But even Hawkins admitted she has been told that Jada's condition is "grave."
A spokeswoman for Akron's Children Hospital said it could not comment on Jada's condition or injuries, citing confidentiality laws.
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Subject: Re: Jada Ruiz (6 mons.) R.I.P. Sun Dec 12, 2010 4:32 am
Baby taken off life support dies in Akron hospital
AKRON, Ohio -- Infant Jada Ruiz-Jones died late Friday afternoon soon after being taken off life support with the consent of a Summit County judge.
Doctors at Children's Hospital Medical Center of Akron pulled the 9-month-old's life support after Summit County Probate Judge William Spicer ruled Friday that removal of the system was in the baby's best interest. Jada had severe brain damage. The death was announced by the Summit County medical examiner's office.
31 Share 3 Comments Jada's mother, 19-year-old Deja Ruiz, asked the court for removal of life support. The infant's 17-year-old father, who has been charged with felonious assault and child endangering as a result of her injuries, had resisted allowing the support to be pulled. He continues to be held in the county's Juvenile Justice Center.
With the death of the infant, the father could face more charges. Prosecuting Attorney Mary Ellen Leslie could not be reached for comment on Saturday.
Spicer's ruling said the father's "substantial conflict of interest" got in the way of his ability to do what was best for the infant. The judge said he made his decision based on the girl's condition and prognosis.
Friday's chain of events angered the 17-year-old's grandmother.
"We were the last to find out they decided to pull life support," said Christine Billings, the legal guardian and grandmother of the 17-year-old father. She said the hospital would not give them information, and authorities did not tell them of the infant's death.
"We were paid no respect," Billings said. "We were also blood relatives."
The Plain Dealer is not naming the father because he is a minor .
Billings said that after Spicer's ruling, her grandson's lawyer, Pamela Hawkins, tried unsuccessfully to submit an emergency appeal to the decision. Hawkins could not be reached for comment.
Billings said the infant's father was told of the death by someone from Summit County Children's Services. Billings said she was concerned for his health and asked that he be put on suicide watch and sedated.
Jada had been on life support since March. She suffered from fractures as well as brain damage.
Her father was taken into custody 1 1/2 weeks after she was hospitalized, Billings said.
The 17-year-old has pleaded not guilty to his charges.
Subject: Re: Jada Ruiz (6 mons.) R.I.P. Sun Dec 12, 2010 4:34 am
Akron youth indicted on murder charge in death of infant daughter
AKRON, Ohio -- A 17-year-old Akron youth was indicted Tuesday in Summit County Common Pleas Court in connection with the death of his infant daughter.
John Jones was indicted on charges of murder, child endangerment, and felonious assault for the death of Jada Ruiz-Jones, 9 months old, who was taken off of life support July 16, according to the Summit County Prosecutors Office.
Jada had been on life support at Akron Children's Hospital since March 19 after she stopped breathing. According to the medical examiner's office, Jada suffered from brain damage and fractures.
Jones was arrested about 10 days after Jada was hospitalized.
Jada was eventually taken off life support after the child's mother, Deja Ruiz, asked the court to grant her request.
Jones and Ruiz have two other children together: a brother and Jada's twin sister.
His case was bound over from juvenile court to Summit County Common Pleas Court and he is currently being held at the Dan Street Detention Hall until Dec. 16, Jones 18th birthday.